Agenda of Ordinary Meeting of Council - Monday, 15 ......2021/02/15 · In accordance with the Local Government (Meeting Procedures) Regulations 2015 NOTICE is hereby given that the

ORDINARY MEETING OF COUNCIL

AGENDA OPEN MEETING

15 February 2021

Waratah-Wynyard Council – Agenda – Ordinary Meeting of Council – 15 February 2021 – Page 2

15 February 2021

Notice of Meeting – Ordinary Meeting of Council

In accordance with the Local Government (Meeting Procedures) Regulations 2015 NOTICE is hereby given that the next Ordinary Meeting of the Waratah-Wynyard Council will be held at the Council Chambers, 21 Saunders Street, Wynyard on Monday 15 February 2021 with the Business of the meeting to be in accordance with the following agenda paper.

General Manager’s Certification

PURSUANT to Section 65 of the Local Government Act 1993 I hereby certify, with respect to the advice, information and/or recommendation provided for the guidance of Council in this Agenda, that:

1. Such advice, information and/or recommendation has been given by a person who

has the qualifications or experience necessary to give such advice; and

2. Where any advice is given by a person who does not have the required

qualifications or experience, that person has obtained and taken into account the

advice from an appropriately qualified or experienced person.

Shane Crawford GENERAL MANAGER


Enquiries: Mayor Walsh Phone: (03) 6443 8311 Our Ref: 004.01

15 February 2021 Mr Shane Crawford General Manager Waratah-Wynyard Council PO Box 168 WYNYARD TAS 7325 Dear Shane, COUNCIL MEETING In accordance with regulation 4 of the Local Government (Meeting Regulations) 2015 which states:

4. Convening meetings of council (1) The mayor of a council may convene council meetings.

I request that you make the necessary arrangements for the next ordinary meeting of Council to be convened on Monday 15 February 2021 commencing at 6pm at the Council Chambers, 21 Saunders Street, Wynyard. Yours sincerely

Cr Robby Walsh MAYOR


TABLE OF CONTENTS

1.0 RECORD OF ATTENDANCE ............................................................................................... 7

1.1 ATTENDANCE ....................................................................................................... 7

1.2 APOLOGIES .......................................................................................................... 7

1.3 LEAVE OF ABSENCE PREVIOUSLY APPROVED ........................................................ 7

2.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 8

2.1 CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY COUNCIL MEETING.......... 8

3.0 DECLARATIONS OF INTEREST ........................................................................................... 9

4.0 COUNCILLORS ANNOUNCEMENTS AND REPORT ............................................................ 10

4.1 ANNOUNCEMENTS BY MAYOR ........................................................................... 10

4.2 MAYOR'S COMMUNICATIONS ............................................................................ 10

4.3 REPORTS BY DELEGATES ..................................................................................... 10

4.4 NOTIFICATION OF COUNCIL WORKSHOPS ........................................................... 11

5.0 PUBLIC QUESTIONS AND STATEMENTS .......................................................................... 12

5.1 RESPONSE(S) TO PUBLIC QUESTIONS TAKEN ON NOTICE FROM PREVIOUS MEETING ........................................................................................................... 13

5.1.1 MR C HUTCHISON - INCONSISTENCY.............................................................. 13

5.2 PUBLIC QUESTIONS RECEIVED IN WRITING ......................................................... 16

5.2.1 M CROPPER - RECOGNITION OF FORSTER FAMILY ........................................ 16

5.3 PUBLIC QUESTIONS WITHOUT NOTICE ............................................................... 16

5.4 PUBLIC STATEMENTS RECEIVED IN WRITING....................................................... 17

5.4.1 M CROPPER - FOSTERS ROAD ......................................................................... 17

5.5 PUBLIC STATEMENTS WITHOUT NOTICE ............................................................. 17

6.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ............................................................... 18

6.1 DEPUTATIONS AND PRESENTATIONS .................................................................. 18

6.1.1 SEALING OF ROBIN HILL ROAD ....................................................................... 18

7.0 PLANNING AUTHORITY ITEMS ....................................................................................... 20

7.1 PUBLIC QUESTIONS WITHOUT NOTICE – RELATING TO PLANNING MATTERS ....... 20

7.2 PUBLIC STATEMENTS - RELATING TO PLANNING MATTERS ................................. 20

7.3 DWELLING, CARAVAN (TEMPORARY DWELLING), SHIPPING CONTAINER & WATER TANKS (STAGED DEVELOPMENT), AT 50 TIPPETTS ROAD MOUNTS HICKS- DA143/2020 ........................................................................................... 21

7.4 SUBDIVISION (CONSOLIDATE 5 TITLES INTO 1) .................................................... 35

8.0 MATTER RAISED BY COUNCILLORS ................................................................................ 42

8.1 RESPONSE(S) TO COUNCILLOR QUESTIONS TAKEN ON NOTICE FROM PREVIOUS MEETING ........................................................................................... 42


8.1.1 CR FAIRBROTHER - CUMMINGS STREET SEALING .......................................... 42

8.1.2 CR BRAMICH - FIRE BREAK KATELYN DRIVE ................................................... 42

8.2 COUNCILLOR QUESTIONS RECEIVED IN WRITING ................................................ 42

8.3 COUNCILLOR QUESTIONS WITHOUT NOTICE ...................................................... 43

9.0 NOTICE OF MOTION ...................................................................................................... 44

9.1 CR D FAIRBROTHER - TASMANIAN PLANNING SCHEME - PROPOSED CHANGES TO LAND DESIGNATED LANDSLIP B ..................................................... 44

10.0 REPORTS OF OFFICERS AND COMMITTEES ..................................................................... 47

10.1 EAST WYNYARD FORESHORE MASTER PLAN FEEDBACK FOR NOTING ................. 47

10.2 SENIOR MANAGEMENT REPORT ......................................................................... 51

10.3 FINANCIAL REPORT FOR THE PERIOD ENDED 31 JANUARY 2021 .......................... 59

10.4 QUARTERLY STATISTICS REPORT TO 31 DECEMBER 2020 .................................... 86

10.5 MINUTES OF OTHER BODIES/COMMITTEES ...................................................... 105

11.0 MATTERS PROPOSED FOR CONSIDERATION IN CLOSED MEETING ................................ 106

12.0 CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 107

13.0 RESUMPTION OF OPEN MEETING ................................................................................ 108

14.0 PUBLIC RELEASE ANNOUNCEMENT .............................................................................. 108


THE PUBLIC IS ADVISED THAT IT IS COUNCIL POLICY TO RECORD THE PROCEEDINGS OF MEETINGS OF COUNCIL ON DIGITAL MEDIA TO ASSIST IN THE PREPARATION OF MINUTES AND TO ENSURE THAT A TRUE AND ACCURATE ACCOUNT OF DEBATE AND DISCUSSION OF MEETINGS IS AVAILABLE. THIS AUDIO RECORDING IS AUTHORISED BY THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

AGENDA OF AN ORDINARY MEETING OF THE WARATAH-WYNYARD COUNCIL TO BE HELD AT THE COUNCIL CHAMBERS, 21 SAUNDERS STREET, WYNYARD ON MONDAY 15 FEBRUARY 2021, COMMENCING AT

From To Time Occupied

Open Council

Planning Authority

Open Council

Closed Council

Open Council

TOTAL TIME OCCUPIED

DIGITAL RECORDING OF COUNCIL MEETINGS POLICY The Chairman is to declare the meeting open (time), welcome those present in attendance and advise that the meeting will be digitally recorded, in accordance with the Council Policy GOV.017 – Digital Recording of Council Meetings to “record meetings of Council to assist in the preparation of minutes and to allow live streaming of Council Meetings. ACKNOWLEDGEMENT OF COUNTRY I would like to begin by acknowledging the traditional owners and custodians of the land on which we meet today, the Tommeginne people, and to pay our respect to those that have passed before us, their history and their culture.


1.0 RECORD OF ATTENDANCE

Legislative Reference: Local Government (Meeting Procedures) Regulations 2005; Regulation 8(2)(a) The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items: (a) attendance and apologies.

1.1 ATTENDANCE

1.2 APOLOGIES

1.3 LEAVE OF ABSENCE PREVIOUSLY APPROVED

Nil received.


2.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Legislative Reference: Local Government (Meeting Procedures) Regulations 2015; Regulation 8(2)(b) The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items: (b) Confirmation of the minutes.

2.1 CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY COUNCIL MEETING

RECOMMENDATION That the Minutes of the Ordinary Meeting of the Waratah-Wynyard Council held at Council Chambers, 21 Saunders Street, Wynyard on Monday 18 January 2021, a copy of which having previously been circulated to Councillors prior to the meeting, be confirmed as a true record.

Any corrections to the Minutes are to be identified and agreed at this point prior to taking a vote to adopt the minutes.


3.0 DECLARATIONS OF INTEREST

Legislative Reference: Local Government (Meeting Procedures) Regulations 2015, Regulation 8(7) (7) The chairperson is to request Councillors to indicate whether they have, or are likely to have, a

pecuniary (or conflict of) interest in any item on the agenda. Councillor and Agenda Item Number Staff and Agenda Item Number


4.0 COUNCILLORS ANNOUNCEMENTS AND REPORT

4.1 ANNOUNCEMENTS BY MAYOR

Nil received.

4.2 MAYOR'S COMMUNICATIONS

RECOMMENDATION

That Council note the Mayors Communications

11/1/21 Meeting with Constituent

12/1/21 Meeting with General Manager

13/1/21 Media Event – Launch of Penguin Toolkit program





18/1/21 Council Meeting

20/1/21 Meeting with TasWater

26/1/21 DEPUTY MAYOR -Australia Day Award Presentation

29/1/21 CR EDWARDS – Hellyer Collage Evening of Excellence


1/2/21 Councillor Workshop

2/2/21 NW Community Markets Meeting

3/2/21 TasWater Reps Briefing

6/2/21 ABC News Radio / ABC TV News / 7Tas TV News


8/2/21 ABC Radio -Leon Compton


4.3 REPORTS BY DELEGATES

Nil received.


4.4 NOTIFICATION OF COUNCIL WORKSHOPS

Legislative Reference: Local Government (Meeting Procedures) Regulations 2015; Regulation 8(2)(c) The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items: (c) the date and purpose of any council workshop held since the last meeting.

RECOMMENDATION

That the Council note the following Councillor Workshops

1/2/21 Boat Harbour Beach Masterplan Progress Update

1/2/21 Community Services – Christmas Activities Overview

1/2/21 Public Art Working Group

1/2/21 Waratah discussion

1/2/21 IGA Junction Wynyard

8/2/21 Children’s Services – Facility Improvements

8/2/21 Dog Management

Upcoming Workshops - Indicative Only 1/3/21 Capital Works Tour

8/3/21 Business North West LGAT Motions

Councillor Attendance Records

Meetings attended during 2020/21 (to 1 February 2021)

Ordinary Meetings 2020/21

(6)

Special Meetings / AGM

2020/21 (2)

Workshops

2020/21 (17)

Weeks Leave

Approved

Mayor Robert Walsh 6 2 13

Deputy Mayor Mary Duniam 6 2 17

Cr Maureen Bradley 6 2 17

Cr Gary Bramich 6 2 17

Cr Andrea Courtney 5 1 16

Cr Celisa Edwards 6 1 17

Cr Darren Fairbrother 6 2 17

Cr Kevin Hyland 4 2 10 5


5.0 PUBLIC QUESTIONS AND STATEMENTS

Legislative Reference: Local Government (Meeting Procedures) Regulations 2015 Regulation 31

(1) A member of the public may give written notice to the general manager 7 days before an ordinary meeting of the Council of a question to be asked at that meeting.

(3) The Chairperson at an ordinary meeting of a council must ensure that, if required, at least 15 minutes of the meeting is available for questions to be asked by members of the public.

(4) A question by any member of the public under this regulation and an answer to that question are not to be debated at the ordinary council meeting.

(7) A council is to determine any other procedures to be followed in respect of question time.

The Council determined (at a meeting held on 20 July 2015) that the following procedures be followed in respect of question time: -

(1) In this clause a question includes part of a question (so that a question in 3 parts is to be treated as 3 questions). (2) A member of the public who wishes to ask a question at a meeting must— (a) before the commencement of the meeting, submit their question in writing, on the form provided by the local government,

to the General Manager or his or her representative; and (b) be present at the meeting when the question is asked, however the person may seek approval from the Presiding Member

for their nominated representative to ask the question on their behalf. (3) A completed question time form must include: (a) the name and residential or contact address of the person who wishes to ask the question; and (b) the question in a succinct and legible form. (4) In cases of disability or other extenuating circumstances: (a) an officer of the local government, if requested to do so, may assist the person to complete a question time form; and (b) in the absence of that assistance, the Presiding Member may permit a person to ask a question that was not included on a

question time form. (5) (a) If more than 2 questions are submitted in writing by any one person, the Presiding Member shall allow that person, in

the first instance, to ask a maximum of 2 questions; (b) If after all other members of the public have asked their questions, and where time permits, the Presiding Member is to

allow members of the public who wish to ask more than 2 questions to sequentially ask one further question. This process will continue until the allotted time has expired; and

(c) Where only one person wishes to ask more questions and where time permits, the Presiding Member is to invite that person to ask their additional questions.

(6) The Presiding Member may decide that a question is out of order, and is not to be recorded or responded to— (a) if it is not in the form of a question, having regard to its content and length, is essentially a statement of expression of

opinion rather than a question, provided that the Presiding Member has taken reasonable steps to assist the member of the public to phrase the statement as a question; or

(b) if the question uses an offensive or objectionable expression or is defamatory. (7) The Presiding Member may determine that any question requiring research or investigation be answered in writing as soon

as practicable. (8) Where the necessary information is available at the time the question is posed a response is to be provided by either the

General Manager, relevant Member or employee nominated by the Presiding Member. (9) If the 15minute period set aside for questions from the public is reached, Council, by resolution, may resolve to extend the

period for an additional 15 minutes to allow further questions to be asked. (10) No more than two 15-minute extensions to the time for the public to ask questions are to be permitted.

The Council determined (at a meeting held on 20 July 2015) that the following procedures be followed in respect of public statements: - (1) Members of the public may, during the public statements or the Planning Authority segments of the order of

business, with the consent of the Presiding Member make a public statement on any matter that appears on the agenda for that meeting provided that: (a) The member of the public submits to the General Manager prior to the commencement of the meeting

the public statement in a form acceptable to the General Manager and which includes the name and residential or contact address of the member of the public;

(b) The public statement precedes discussion of any matter which requires a decision to be made at the meeting but otherwise at item (11) of order of business at clause 4.2;

(c) The public statement is limited to a maximum period of 3 minutes, unless otherwise determined by the Presiding Member; and

(d) No discussion or questions relating to the statement are permitted, unless otherwise determined by the Presiding Member.

(2) Fifteen minutes is to be allocated for the public statement time.


(3) Once all statements have been made, nothing prevents the unused part of the statement time period from being used for other matters.

(4) If the 15-minute period set aside for public statements is reached, Council, by resolution, may resolve to extend the period for an additional 15 minutes to allow statements to be made.

(5) No more than two 15-minute extensions to the time for public statements are to be permitted. (6) Procedures for public statements are to be in accordance with policy adopted from time to time by the Council

and, where the policy is silent on a matter, the procedures for that matter are to be determined by the Presiding Member.

5.1 RESPONSE(S) TO PUBLIC QUESTIONS TAKEN ON NOTICE FROM PREVIOUS MEETING

5.1.1 MR C HUTCHISON - INCONSISTENCY

QUESTION

Mr Hutchison of Preolenna asked if the General Manager or Mayor could please provide an explanation regarding the inconsistency with which they have treated similar council land disposal items.

The General Manager took the question on notice to provide a response in writing. He noted that statutory processes are followed on all occasions which ensures there is a consistent process for disposing of public land.

OFFICERS RESPONSE

QUESTION

Mr Hutchison of Preolenna asked if the General Manager or Mayor could please provide an explanation regarding the inconsistency with which they have treated similar council land disposal items.

The General Manager took the question on notice to provide a response in writing. He noted that statutory processes are followed on all occasions which ensures there is a consistent process for disposing of public land.

OFFICERS RESPONSE

Officers confirm that public land disposals must be undertaken in accordance with the statutory process set out by the Local Government Act 1993. The statutory process provides for a consistent and transparent approach to the disposal of public land. The requirements of the Act are provided below.

Mr Hutchison referred to the process followed for Preolenna Hall versus the disposal process for 9 Martin Street and is querying consistency in treatment of both matters.

Officers advise that the statutory process for each disposal has been followed in accordance with the Act. The difference between the two disposal processes from a process perspective was the use of Closed Meeting procedures.

Decisions relating to Preolenna Hall were made in the closed meeting of Council. Council considered the outcome of the public land disposal process for 9 Martin Street in its open meeting.

Local Government (Meeting Procedures) Regulations 2015 provide for Council to consider certain matters in closed session. The meeting regulations allow for both of these matters to be considered in the closed session due to both reports relating to the disposal of land (allowable under sub regulation (2)(f)). The meeting rules are included below.


There are 3 separate decision points for Council when disposing of Public Land which may require up to 3 separate reports to Council being:

1. Resolution to commencement of public land disposal process;

2. Resolution to dispose or not to dispose following the outcome of the public disposal process and consideration of any objections received; and

3. Authorisation to enter a contract of sale.

All of the above decision points are able to be considered in the closed meeting of Council under the meeting regulations.

The following table outlines each of the key decisions made by Council for both matters.

Decisions of Council: Preolenna Hall 9 Martin Street

1. Commencement of public land disposal process.

Closed Meeting 19 August 2019

Closed Meeting 16 November 2020

2. Report on outcome of public disposal process & consideration of objections received following a 21-day objection period.

Closed Meeting 20 April 2020

Open Meeting 18 January 2021

3. Authorisation to enter a contract of sale.

Closed Meeting 20 April 2020

n/a

Preolenna Hall

The public land disposal process for Preolenna Hall included an expression of interest process for the sale and/or other use of the hall. Council therefore considered the outcome of the public land disposal process (point 2 above) and expressions of interest received (point 3 above) at the same time.

The report was included in closed session under the meeting regulations due to it involving the proposed disposal of property and a proposed transaction with an external party.

Subject to the Right to Information Act 2009, any discussions, decisions, reports or documents relating to a closed meeting are to be kept confidential unless Council, after considering privacy and confidentiality issues, authorises their release to the public.

Council authorised the release of information relating to its decision and a media release was made reporting the outcome to the community in consultation with the purchasers of the property.

9 Martin Street

Whilst meeting regulations allowed Council to consider this report in the closed meeting, officers elected to include the report in the open session given there was no proposed transaction with an external party and no privacy considerations.


Council has not yet authorised the General Manager to enter a contract of sale for 9 Martin Street which means that Council will need to formally consider any offer to purchase the land if an offer to purchase the property is received.

If an offer to purchase the property is received, it will be listed in the closed session given it would involve a proposed transaction with an external party.

Council, at that time, would consider privacy and confidentiality issues prior to releasing the information to the public.

Local Government (Meeting Procedures) Regulations 2015

Local Government (Meeting Procedures) Regulations 2015 provide for Councils to consider certain matters in closed session. Sub regulation (2) provides the following list of specified matters to be considered in closed session: -

(a) personnel matters, including complaints against an employee of the council and industrial relations matters;

(b) information that, if disclosed, is likely to confer a commercial advantage on a person with whom the Council is conducting, or proposes to conduct business;

(c) commercial information of a confidential nature, that if disclosed, is likely to-

(i) prejudice the commercial position of the person who supplied it; or

(ii) confer a commercial advantage on a competitor of the council; or

(iii) reveal a trade secret;

(d) contracts, and tenders, for the supply and purchase of goods and services and their terms,

conditions, approval and renewal;

(e) the security of –

(i) the council, councillors and council staff; or

(ii) property of the council;

(f) proposals for the council to acquire land or an interest in the land or for the disposal of land;

(g) information of a personal nature or information provided to the council on the condition it is kept confidential;

(h) applications by councillors for leave of absence;

(i) relating to actual or possible litigation taken, or to be taken, by or involving the council or an employee of the council;

(j) the personal hardship of any person who is resident, or is a ratepayer in, the relevant municipal area.

Local Government Act 1993 Public Land Disposal Requirements The Local Government Act 1993 Sections 178, 178A and 178B outlines the process for the sale of Public Land as follows: 178. Sale, exchange and disposal of public land

(1) A council may sell, lease, donate, exchange or otherwise dispose of public land owned by it in accordance with this section.

(2) Public land that is leased for any period by a council remains public land during that period. (3) A resolution of the council to sell, lease, donate, exchange or otherwise dispose of public land

is to be passed by an absolute majority. (4) If a council intends to sell, lease, donate, exchange or otherwise dispose of public land, the

general manager is to– (a) publish that intention on at least 2 separate occasions in a daily newspaper

circulating in the municipal area; and


(ab) display a copy of the notice on any boundary of the public land that abuts a highway; and

(b) notify the public that objection to the proposed sale, lease, donation, exchange or disposal may be made to the general manager within 21 days of the date of the first publication.

(5) If the general manager does not receive any objection under subsection (4) and an appeal is not made under section 178A , the council may sell, lease, donate, exchange or otherwise dispose of public land in accordance with its intention as published under subsection (4) .

(6) The council must – (a) consider any objection lodged; and (b) by notice in writing within 7 days after making a decision to take or not to take any

action under this section, advise any person who lodged an objection of – (i) that decision; and (ii) the right to appeal against that decision under section 178A .

(7) The council must not decide to take any action under this section if – (a) any objection lodged under this section is being considered; or (b) an appeal made under section 178A has not yet been determined; or (c) the Appeal Tribunal has made a determination under section 178B(b) or (c) .

5.2 PUBLIC QUESTIONS RECEIVED IN WRITING

5.2.1 M CROPPER - RECOGNITION OF FORSTER FAMILY

QUESTION

Is it possible for a flower bed, specifically for Daffodils and other bulbs, to be established and maintained by Council in the Town Centre and dedicated to the Forster Family. Descendants of the family may like to provide a plaque.

OFFICERS RESPONSE

It is noted that this request is provided as an alternative to changing the name of Fosters Road to Forsters Road as per the Council resolution in October 2020.

The name change has been implemented therefore negating the need to progress this matter in the short term.

5.3 PUBLIC QUESTIONS WITHOUT NOTICE

Legislative Reference: Local Government (Meeting Procedures) Regulations 2015 Regulation 31(2)(5) (2) The Chairperson of an ordinary council meeting may – (b) invite any members of the public present at an ordinary meeting to ask questions relating to the

activities of the council. When dealing with questions that require research or a detailed response – (5) The Chairperson may – (b) require a question to be put on notice and in writing to be answered at a later ordinary council meeting. A summary of questions without notice and response(s) and the name of the person asking the question will be recorded in the minutes.

https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178@Gs4@ENhttps://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178A@ENhttps://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178@Gs4@ENhttps://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178A@ENhttps://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178A@ENhttps://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178B@Hpb@ENhttps://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095?query=((PrintType%3D%22act.reprint%22+AND+Amending%3C%3E%22pure%22+AND+PitValid%3D%40pointInTime(20191204000000)))+AND+Title%3D(%22Local%22+AND+%22Government%22+AND+%22Act%22+AND+%221993%22)&dQuery=Document+Types%3D%22%3Cspan+class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%22%2C+Search+In%3D%22%3Cspan+class%3D%27dq-highlight%27%3ETitle%3C%2Fspan%3E%22%2C+All+Words%3D%22%3Cspan+class%3D%27dq-highlight%27%3ELocal+Government+Act+1993%3C%2Fspan%3E%22%2C+Point+In+Time%3D%22%3Cspan+class%3D%27dq-highlight%27%3E04%2F12%2F2019%3C%2Fspan%3E%22#GS178B@Hpc@EN


5.4 PUBLIC STATEMENTS RECEIVED IN WRITING

A summary that includes the name of the person making a public statement and subject title of that statement will be recorded in the minutes.

5.4.1 M CROPPER - FOSTERS ROAD

SUMMARY/PURPOSE

Mrs M Cropper of Wynyard provided the following statement.

DETAILS

From my limited research it appears that the mis-naming on maps and plans of Ballast Pit/Fosters Road area occurred either from information supplied by Waratah-Wynyard Council or in a mapping office in Hobart.

It is my belief that the time, inconvenience and price for me to alter my address on at least 13 institutions is due to an error not of my making.

OFFICERS COMMENTS

Officers note that the historical details relating to the naming of Fosters Road were detailed in the Council reports at the September and October 2020 Council Meetings.

As part of the renaming process, Council send addressing notifications to:

a. AEC – Australian Electoral Commission

b. AUSTPOST – Australia Post

c. DPIPWE – State Government (LIST)

d. Housing TAS

e. NBN Addressing

f. Council Records

g. Council Rates

h. Tas Networks

i. Telstra

All other address changes must be done by the residents.

5.5 PUBLIC STATEMENTS WITHOUT NOTICE


6.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

Legislative Reference: Local Government Act 1993; Part 6, Division 1; Sections 57, 58, 59, 60, 60A. 57. Petitions (1) A person may lodge a petition with the council by presenting it to a councillor or the general manager. 58. Tabling petition (1) A councillor who has been presented with a petition is to (a) table the petition at the next ordinary meeting of the council; or (b) forward it to the general manager within 7 days after receiving it. (2) A general manager who has been presented with a petition or receives a petition under subsection (1)(b) is to

table the petition at the next ordinary meeting of the council. 57(2) A petition is not to be tabled if it does not contain – (a) a clear and concise statement identifying the subject matter; and (b) a heading on each page indicating the subject matter; and (c) a brief statement on each page of the subject matter and the action requested; and (d) a statement specifying the number of signatories; and (e) the full printed name, address and signature of the person lodging the petition at the end of the petition. 58(3) A petition is not to be tabled if – (b) it is defamatory; or (c) any action it proposes is unlawful. (4) The General Manager is to advise the lodger of any petition that is not tabled the reason for not tabling it within

21 days after lodgement. Local Government (Meeting Procedures) Regulations 2015, Regulation 38(1)(a)(b),(2) (1) The chairperson of a meeting, including a closed meeting, may invite a person – (a) to address the meeting; and (b) to make statements or deliver reports. (2) An invitation under sub regulation (1) may be subject to any condition the council may impose on deputations.

6.1 DEPUTATIONS AND PRESENTATIONS

6.1.1 SEALING OF ROBIN HILL ROAD

To: Council Reporting Officer: Executive Officer Responsible Manager: General Manager Report Date: 9 February 2021 File Reference: 0602

Enclosures: 1. Petition - Sealing of Robin Hill Road

RECOMMENDATION

That Council receive and note the petition regarding the sealing of Robin Hill Road.

BACKGROUND

Council have received a petition requesting Council consider the sealing of Robin Hill Road in the next Council budget.

The petitioners state “that Council consider an inclusion of the sealing of Robin Hill Road in the next Council Budget as we believe that many tourists miss three worthy tourism experiences because of the condition of the road and these businesses also miss out on possible additional revenue (Lobster Haven, Robin Hill Nursery and the Cherry Farm)”

A copy is of the petition is attached and listed on the meeting agenda for receipt and noting.

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MANAGEMENT RESPONSE

Section 57 of the Local Government Act 1993 outlines requirements relating to petitions and is outlined below.

This petition was provided in hard copy to the General Manager on Monday 8 February 2021 and is listed for noting in accordance with section 58 (2) of the Local Government Act 1993.

312 signatories have signed the petition.

The matter will be listed for discussion as part of Council’s budget deliberations.


7.0 PLANNING AUTHORITY ITEMS

Legislative Reference: Local Government (Meeting Procedures) Regulations 2005 Regulation 25/ Judicial Review Act.

The Chairperson is to advise the meeting if a Council intends to act at a meeting as a Planning Authority under the Land Use Planning and Approvals Act 1993. 25(2) The general manager is to ensure that the reasons for a decision by a Council acting as a Planning

Authority are recorded in the minutes. Any alternative decision the Council may make to a recommendation appearing on the Agenda, requires a full statement of reasons in order to maintain the integrity of the planning approval process and to comply with the Requirements of the Judicial Review Act.

7.1 PUBLIC QUESTIONS WITHOUT NOTICE – RELATING TO PLANNING MATTERS

Legislative Reference: Local Government (Meeting Procedures) Regulations 2015 Regulation 31(2)(5) (2) The Chairperson of an ordinary council meeting may – (b) invite any members of the public present at the meeting to ask questions relating to the

activities of the council. When dealing with questions that require research or a detailed response – (5) The Chairperson may – (b) require a question to be put on notice and in writing to be answered at a later ordinary council

meeting.

A summary of questions without notice and response(s) and the name of the person asking the question will be recorded in the minutes.

7.2 PUBLIC STATEMENTS - RELATING TO PLANNING MATTERS

A summary that includes the name of the person making a public statement and subject title of that statement will be recorded in the minutes.


7.3 DWELLING, CARAVAN (TEMPORARY DWELLING), SHIPPING CONTAINER & WATER TANKS (STAGED DEVELOPMENT), AT 50 TIPPETTS ROAD MOUNTS HICKS- DA143/2020

To: Council Reporting Officer: Town Planner Responsible Officer: Manager Development and Regulatory Services Report Date: 15 January 2021 File Reference: 1985104

Supporting Documents: 1. Proposal Documentation 2. Representation 1 3. Representation 2 4. Extension of time

RECOMMENDATION

That Council, in accordance with Section 51 and Section 57 of the Land Use Planning and Approvals Act 1993 and the Waratah-Wynyard Interim Planning Scheme 2013, approve a dwelling, caravan (temporary dwelling), shipping container and water tanks (staged development) at 50 Tippetts Road, Mount Hicks subject to the following conditions:-

CONDITIONS: (1) The development is to be generally in accordance with the application as submitted

and endorsed documents as listed: a) Proposal Plans with Project Number 20081, pages 1 -11, as prepared by

Abel Drafting Services Pty Ltd and dated 28 September 2020.

b) Geotechnical investigation report as prepared by Matthew Street of

GeoTon Pty Ltd with Reference number GL15252Ab dated 1 October 2015.

c) Geotechnical Report as prepared by Matthew Street of GeoTonPty Ltd

with Reference number GL15252Bc, dated 28 September 2016.

d) Geotechnical Review confirmation as prepared by Tony Barriera of

GeoTon Pty Ltd, dated 29 March 2019.

(2) In the course of undertaking the development/use there is to be no damage caused to any Council owned infrastructure or property.

(3) Loading and un-loading of vehicles is to be confined to within the boundaries of the

property. (4) All costs associated with the proposed development including those related to

infrastructure extensions or upgrades to Council assets are to be met by the developer. (5) Control measures are to be installed for the duration of the construction phase so as

to limit the loss of soils and other debris from the site.

(6) Stormwater from the proposed development is to be fully contained within the boundaries of the property.

OC_15022021_AGN_files/OC_15022021_AGN_Attachment_4766_1.PDFOC_15022021_AGN_files/OC_15022021_AGN_Attachment_4766_2.PDFOC_15022021_AGN_files/OC_15022021_AGN_Attachment_4766_3.PDFOC_15022021_AGN_files/OC_15022021_AGN_Attachment_4766_4.PDF


(7) Control measures are to be installed for the duration of the construction phase so as to limit the loss of soils and other debris from the site.

(8) All exterior cladding and finishes are to have a light reflectance value of less than 40%, where the existing container may be beyond 40%, the surfaces are to be repainted and maintained.

(9) The use of the existing shed for temporary residential accommodation shall cease prior to the occupation of the proposed dwelling. Confirmation to this effect shall be supplied to Council within fourteen (14) days of the issuing of an occupancy permit for the approved dwelling.

Notes: - The following is provided for information only and does not constitute condition(s) of permit.

• An “Activity in Road Reservation” permit must be obtained from Council for all activity within the Road Reservation.

• This project must be substantially commenced within two years of the issue of this permit.

• The applicant is advised to consult with a building surveyor to ensure the development is constructed in accordance with Building Act 2016.

• This permit is based on information and particulars set out in Development Application DA 143/2020. Any variation requires an application for further planning approval of Council.

• This development/use is not to result in the generation of environmental harm or nuisance as defined in the Environmental Management and Pollution Control Act 1994.

• Attention is drawn to existing or proposed electricity infrastructure, please be sure to contact TasNetworks on 1300 137 008 to ensure these works do not impede on existing electricity easements and are at a safe distance from powerlines. Failure to do so could result in the relocation of electricity assets at your cost.

• Please contact Australia Post for correct letterbox placement guidelines.

• Under Section 61 (4) of the Land Use Planning and Approvals Act 1993, the applicant has the right to lodge an appeal against Council’s decision. Notice of appeal should be lodged on the prescribed form together with the required fee within fourteen days after the date on which notice of the decision was served on that person, to the Resource Management and Planning Appeal Tribunal, G.P.O. Box 2036, Hobart, 7001. Updated Notices of Appeal are available on the Tribunal’s website at www.rmpat.tas.gov.au.

PURPOSE

The purpose of this report is for Council to consider the merits of the application DA143/2020 against the requirements of the Waratah-Wynyard Interim Planning Scheme 2013 (Planning Scheme).

BACKGROUND

The subject site consists of one title identified as 50 Tippetts Road, Mount Hicks (CT 1/133988) and comprises a total area of 0.6ha. The site is a small lot and is dissected with a watercourse through the centre of the site, splitting it in half. The northern portion of the

http://www.rmpat.tas.gov.au/


site falls to the south, whilst the southern portion of the site falls to the north. The northern half of the site is also mapped as medium risk landslip hazard under the planning scheme.

Currently the title contains an on-site AWTS system, completed and previously approved with a small bathroom/amenities building, also approved under a previous permit. Further to this the site currently has a shipping container located on the northern boundary and a caravan which is being occupied on a full-time basis. A number of enquiries and concerns had been raised with Council in relation to the caravan, shipping container and various associated residential items appearing on site.

The site is accessed by an existing crossover formed from Tippets Road at the north of the site.

The site is located within the Rural Living Zone, as are all adjoining lots.

A locality plan identifying the subject property is provided in Figure 1 below.

Figure 1: Subject Site – Sourced: TheList Map

Council issued a Building Notice and Order on the landowner in April 2020. This development application is the first step in achieving compliance and resolving the Building Order.

DETAILS

The applicant is seeking approval for a shipping container to be used as a residential storage shed, a small dwelling will be extended from the existing bathroom building, associated water storage and the caravan currently on-site is to be used as a temporary dwelling and removed on completion of the principal dwelling.

The proposed shipping container measures 6m in length x 2.4m wide and 2.4m high. The container is located in the northern corner of the site and is setback 2.4m from the side boundary and 1.5m from the frontage boundary. The drawing set annotated that should the container or surfaces have a reflectivity level of more than 40% they will be painted in a woodland grey colour. This will form a condition on any permit.

50 Tippetts Road, Mount

Hicks


The proposed dwelling is to extend from the existing amenities block and details an extension measuring 6m x 6m and will have a setback of 3m from the frontage and 12.48m from the north-eastern side boundary. The new dwelling is a one-bedroom cabin style property, single storey in height with a gable roof and a verandah on the eastern elevation.

The existing caravan will be located to the west of the existing amenities block located approximately 1.8m from the road frontage at the eastern boundary. The caravan will serve as a temporary dwelling until such time as the principal dwelling is completed. The caravan will then be removed from site.

This report assesses the proposal against the Waratah-Wynyard Interim Planning Scheme 2013 (the Planning Scheme) and takes into account any representations received during the public exhibition period.

The subject property is zoned Rural Living under the Planning Scheme. The proposal is defined as a Residential Use Class. This is a Permitted use within the zone, should the application meet all the relevant Acceptable Solutions. The applicant is applying for discretion under the following clauses: -

• Suitability of a site or lot for use or development 13.4.1 (P1);

• Dwelling Density 13.4.2 (P1);

• Location and configuration of development 13.4.3 (P1, P2); and

• Use likely to be exposed to a natural hazard E6.5.2 (P1).

CONSULTATION PROCESS

The consultation process was the public exhibition period set out in the Land Use Planning and Approvals Act 1993 (LUPAA) and involved notification of adjoining landowners, public notices on-site and advertising in a daily newspaper. The application was placed on public exhibition for a period of 14 days as required under LUPAA. The period for representations closed on 11 January 2021. Two (2) representations have been received.

The representation and planning responses to the issues raised are provided below. While every effort has been made to include all issues raised, this summary should be read in conjunction with the representations which are included as an enclosure to this report.

Representations:

Mr and Mrs Schumann Issues raised: Response:

The objectors acknowledge that the acceptable setback is 10m and object to the proposed 2.4m setback of the container from their shared boundary fence.

The proposed application is seeking discretion to the acceptable solution setback of 10m and therefore is assessed against the performance criteria to relax the boundary setback. For a full assessment of this clause please see planning assessment at clause 13.4.3 P2.

Concerns the shipping container will set a precedent for other structure to be this close to the boundary also an eye sore when viewed from our property.

Each application must be assessed on its own merits against the planning scheme. Currently there is a pathway to apply for a relaxed setback to side and frontage boundaries. The planning scheme does not take into consideration or define an eye sore.

Per the covenants on lot 1 section 6 should have a minimum of 180 squares of liveable space, as per the application will be nowhere near this size.

Unfortunately, covenants are not a matter for consideration under the Waratah-Wynyard Interim Planning Scheme 2013. However, covenant matters can be followed up with a solicitor. Please note these can also be applied to be removed under the


Local Government (Building and Miscellaneous Provisions) Act 1993.

Concerns regarding the lack of fire tanks on the plans, we all need one how is it this property is going to be exempt from this requirement?

Fire requirements such as tanks for Bushfire purposes are not a requirement under the planning scheme, these are instead assessed at the building and/or plumbing permit stage under the Building Act 2016.

Concerned the application is a smoke screen and a half-hearted attempt to stay in squalid conditions that applicant currently lives in. What about the rest of the rate paying residents who have had to wait 12 months for the first formal attempt at a planning application?

Council must balance a commitment to customer service with the responsibility to ensure that the compliance process is carried out appropriately. Unfortunately, this process can take some time, particularly when a site has topographical constraints which require addressing as part of any application. Council has a head of power under various Acts to ensure compliance.

Mr T Dick Issues raised: Response:

This saga has gone on for 18 months and is an insult to the intelligence of the residents in Tippetts Lane. It is an attempt to legitimise the current unsanitary and unsightly living arrangements at the site.

Achieving a compliant planning outcome involves working with the landowner and sometime various consultants to ensure each report and drawing is reflecting the intention of what is proposed on the site. This can take some time to work through. It is not uncommon for applicants to apply for a temporary dwelling in the form of a caravan until such time as a dwelling is completed. This particular dwelling is modest in size and uses the existing amenities block that is currently on-site with the supporting AWTS. This amenities block will continue to be used for the caravan (temporary dwelling).

The resident is squatting in a non-approved noncomplying dwelling for over 18 months in contravention to Council’s planning guidelines and there is no mandated completion date.

The landowner has had a Building Order served on them and must comply with this order. Should the order not be complied with, further action will be taken by Council. The first step in undertaking this is obtaining a planning permit. Planning permits have a 2-year time frame in which they must be substantially commenced.

Reduces the amenity of the area and surrounding properties.

The planning scheme does not provide design guidelines dictating the appearance, design, or materials that can be applied for in this zone.

Strong objection to the road setback on this property, as we run an agricultural enterprise at the end of Tippetts Lane and the encroachment onto the road reserve creates significant issues for traffic management in and out.

The subject application has similar setback distances to the road reserve along Tippetts Road as many other properties along Tippetts Road. Similar setbacks are seen at 53 Tippetts Road, 54 Tippetts Road and 80 Tippetts Road. The site is located in the Rural Living Zone which gives preference to residential development, not necessarily cartage for an agricultural enterprise.

The road infrastructure is barely adequate for the amount of dwellings on the road now.

The road infrastructure is considered adequate for the number of lots, the speed in which the local traffic is travelling, and the nature of the development proposed in the area.

INTERNAL REFERRALS Engineering Services Department The application was referred to the Engineering Services Department. The following conditions were recommended:


(1) All costs associated with the proposed development including those related to infrastructure extensions or upgrades to Council assets are to be met by the developer.

(2) In the course of undertaking the development/use there is to be no damage caused to any Council owned infrastructure or property.

(3) Loading and unloading of vehicles is to be confined to within the boundaries of the property.

(4) Stormwater from the development is to be fully contained within the boundaries of the property.

Note:

An “Activity within the Road Reservation” permit must be obtained from Council for all activity within the Road Reservation.

Environmental Health

The following environmental health condition and note was recommended.

(1) Control measures are to be installed for the duration of the construction phase so as to limit the loss of soils and other debris from the site.

Note: This development/use is not to result in the generation of environmental harm or nuisance as defined in the Environmental Management and Pollution Control Act 1994.

EXTERNAL REFERRALS

The application was not required to be referred to any external referral agencies as part of the assessment.

PLANNING ASSESSMENT

The subject site is zoned Rural Living under the Waratah-Wynyard Interim Planning Scheme 2013. The use is a Residential Use which is a Permitted use within the zone, should the application meet all the relevant acceptable solutions of the planning scheme. The proposal does not meet all relevant acceptable solutions of the planning scheme and is therefore submitted as a discretionary application under Section 57 of LUPAA and assessed under the Waratah-Wynyard Interim Planning Scheme 2013 and relevant State Policies and Acts. Section 57(1) (b) of LUPAA allows Council to relax or waive the provisions of its Planning Scheme under a discretionary status.

An assessment of the proposal against the applicable clauses for the Rural Living Zone and relevant Codes is provided below.

13.4.1 Suitability of a site or lot for use or development

A1

Each site or each lot on a plan of subdivision must –

(a) have an area of not less than –

(i) 1.0 ha excluding any access strip; or

(ii) if in a locality shown in the Table to this Clause, not less that the site area shown for that locality; and

(b) if intended for a building, contain a building area –

P1

A site or each lot on a plan of subdivision must –

(a) if intended for residential use be of sufficient size to be consistent with clauses 13.1.1, 13.1.2 and 13.1.3 having regard to –

(i) the number, size and distribution of existing and approved lots on land in the vicinity;

(ii) the pattern, intensity and character of established use and development on other lots in the vicinity;


(i) of not more than 1,000m2;

(ii) clear of any applicable setback from a frontage, side or rear boundary

(iii) clear of any applicable setback from a zone boundary;

(iv) clear of any registered easement;

(v) clear of any registered right of way benefiting other land;

(vi) clear of any restriction imposed by a utility;

(vii) not including any access strip;

(viii) clear of any area required for the on-site disposal of sewage or stormwater; and

(ix) accessible from a frontage or access strip

(iii) the capacity of any available or planned utilities; and

(iv) capability of the land to accommodate residential use; and

(b) be of sufficient size for the intended use having regard to the effect of one or more of the following as are relevant to the size of a site or lot –

(i) topography of the land and land in the vicinity;

(ii) natural drainage of the land and land in the vicinity;

(iii) the desirability of protecting native vegetation, landscape features, natural and cultural values;

(iv) provision for management of exposure to natural hazards;

(v) provision of an accessible building area;

(vi) compliance to the acceptable solution criteria in any applicable standard for location and separation of a building;

(vii) arrangements for the convenient provision of roads and access to the land;

(viii) arrangements for the provision of a water supply and for the drainage and disposal of sewage and stormwater;

(ix) any restriction or requirement of a lawful easement or statutory interest in the land; and

(x) opportunity for solar access to a building area.

Planning Comment: Complies

The subject site is less than 1ha and therefore is unable to meet the acceptable solution. The application therefore must address the performance criteria.

The lot size is considered consistent with the scattered small-scale residential style development typical along Tippetts Road. Other lots in the area that have been developed with a dwelling on a lot smaller than 1ha include 49 Tippetts Road and 542 Seabrook Road. The majority of properties located along Tippetts Road are zoned Rural Living and intended for residential use on varying sized, existing lots. This proposal will not change the number or distribution of the lots or land in the vicinity.

The site is considered to be a sufficient size for the modest scale intended residential use proposed for the 0.6ha site. A supporting hazard management report and updated conformation letter was provided as part of the application indicating the site had sufficient area for the existing on-site wastewater system and the proposed new dwelling. The proposal is using the existing utility infrastructure available on-site, the proposal will not increase the capacity of any further utilities in Tippetts Road. The proposal has indicated the site can support the proposed development.


The zone purpose statements under 13.1.1 state “… provide for residential use or development on large lots in a rural setting where services are limited… and …provide for compatible use and development that does not adversely impact on residential amenity.” It is considered the proposal will remain consistent with the zone purpose statements as the site will continue to operate for a residential purpose where services are limited.

The proposal is considered consistent with the local area objectives at 13.1.2 as the type, scale and intensity of use or development is consistent with the capacity of infrastructure services, land capability, and the level of risk from exposure to natural hazards on the site and continues to be a rural setting providing for housing in single or multiple dwellings.

The proposal remains consistent with the desired future character statements at 13.1.3 and provides choice and diversity in the type and form of buildings for housing and non-housing development. The lot will have a low site coverage and the lot size will continue to be larger than that of suburban lots.

The proposal is considered to comply with P1 (a).

The site currently has little native vegetation cover as it has previously been cleared as have many of the neighbouring lots. The only vegetation remaining on-site is limited to the creek. No further clearing or changes are proposed as part of the application.

The proposal provided a Hazard Management Report supporting the application as portions of the site are identified by the Hazard Management Code as having a medium hazard landslip. The supporting report and updated covering letter provided by GeoTon Pty Ltd with reference number GL15252Bd, confirmed that the proposed new drawing set continues to conform with the recommendations of prior reports and no further recommendations are required.

Given the site’s characteristics, including topography sloping to a creek dissecting the property, landslip hazard overlays, an existing on-site system and the minimal lot size (less than 1ha), the proposed development has applied for buildings in an accessible building area.

The site has an existing convenient access located at the north of the site from Tippetts Road, where the fencing tapers to the boundary.

The subject site is able to provide for a provision of a water supply by catching its own water, as do the adjoining properties in Tippetts Road. The proposal has existing arrangements for sewage from an AWTS and existing disposal area located to the east of the on-site AWT tank. The applicant also provided a consultant’s report providing details of the appropriate arrangements have been made for the on-site system for the proposed development.

The site currently has a powerline easement burdening it on the southern portion of the site. However, this easement does not affect the northern half of the site where the development is proposed.

The current lot allows for sufficient opportunity for solar access to the building area and proposed new development.

The proposal complies with the performance criteria.

13.4.2 Dwelling Density

A1

The site area per dwelling must –

(a) be not less than 1.0 ha; or

(b) if the site is in a locality shown in the Table to this Clause, the site area for that locality

P1

The number of dwellings on a lot or site must be consistent with:

(a) clauses 13.1.1, 13.1.2 and 13.1.3 having regard to –

(i) the size of any existing or approved lot or site on land in the vicinity; and

(ii) the pattern, intensity and character of established use and development on other lots in the vicinity; and


(b) the capability of the land for residential use having regard to the effect of one or more of the following as are relevant to the size of a site or lot –

(i) topography;

(ii) natural drainage;

(iii) the desirability of protecting native vegetation, landscape features, natural and cultural values;

(iv) provision for management of exposure to natural hazards;

(v) provision for access to the building area;

(vi) compliance to the acceptable solution criteria in any applicable standard for location and separation of a building in relation to a frontage, side or rear boundary or zone boundary and from adjacent buildings;

(vii) arrangements for the convenient provision of roads and access to the land;

(viii) arrangements for the provision of a water supply and for the drainage and disposal of sewage and stormwater;

(ix) any restriction or requirement of a lawful easement or statutory interest in the land; and

(x) opportunity for solar access to each building.

Planning Comments: Complies

The subject site is less than 1ha and therefore is unable to meet the acceptable solution. The application therefore must address the performance criteria.

The lot size is considered consistent with the scattered small-scale residential style development typical along Tippetts Road. Other lots in the area that have been developed with a dwelling within an area less than 1ha include 49 Tippetts Road and 542 Seabrook Road. The majority of properties located along Tippetts Road are zoned Rural Living and intended for residential use on varying sized, existing lots. This proposal will not change the number or distribution of the lots or land in the vicinity.

The site is considered to be a sufficient size for the modest scale intended residential use. A supporting hazard management report and updated conformation letter was provided as part of the application indicating the site had sufficient area for the existing on-site system and the proposed new dwelling. The proposal is using the existing utility infrastructure available on-site, the proposal will not increase the capacity of any further utilities in Tippetts Road. The proposal has indicated the site can support the proposed development.

The zone purpose statements under 13.1.1 state “… provide for residential use or development on large lots in a rural setting where services are limited… and …provide for compatible use and development that does not adversely impact on residential amenity.” It is considered the proposal will remain consistent with the zone purpose statements as the site will continue to operate for a residential purpose where services are limited.

The proposal is considered consistent with the local area objectives at 13.1.2 as the type, scale and intensity of use or development is consistent with the capacity of infrastructure services, land capability, and the level


of risk from exposure to natural hazards on the site and continues to be a rural setting providing for housing in single or multiple dwellings.

The proposal remains consistent with the desired future character statements at 13.1.3 and provides choice and diversity in the type and form of buildings for housing and non-housing development. The lot will have a low site coverage and the lot size will continue to be larger than that of suburban lots.

The proposal is considered to comply with P1 (a).

The site currently has little native vegetation cover as it has previously been cleared, as have many of the neighbouring lots. The only vegetation remaining on-site is limited to the creek. No further clearing or changes are proposed as part of the application.

The proposal provided a Hazard Management Report supporting the application as portions of the site are identified by the Hazard Management Code as having a medium hazard landslip. The supporting report and updated covering letter provided by GeoTon Pty Ltd with reference number GL15252Bd, confirmed that the proposed new drawing set continues to conform with the recommendations of prior reports and no further recommendations are required.

Given the site’s characteristics, including topography sloping to a creek dissecting the property, landslip hazard overlays, an existing on-site system and the minimal lot size (less than 1ha), the proposed development has applied for buildings in an accessible building area.

The site has an existing convenient access located at the north of the site from Tippetts Road, where the fencing tapers to the boundary.

The subject site is able to provide for the provision of a water supply by catching its own water, as do the adjoining properties in Tippetts Road. The proposal has existing arrangements for sewage from an AWTS and existing disposal area located to the east of the on-site AWT tank. The applicant also provided a consultant’s report advising that appropriate arrangements have been made for the on-site system for the proposed development.

The site currently has a powerline easement burdening it on the southern portion of the site. However, this easement does not affect the northern half of the site where the development is proposed.

The current lot allows for sufficient opportunity for solar access to the building area and proposed new development. The proposal complies with P1 (b).


13.4.3 Location and configuration of development

A1

A building, utility structure, garage or carport must be setback from a frontage –

(a) not less than 20.0m;

(b) not less than or not more than the setbacks for any existing building on each of the immediate adjoining sites;

(c) not less than for any building retained on the site;

(d) in accordance with any building area shown on a sealed plan of subdivision; or

(e) if the site abuts a road shown in the Table to this clause, the setback specified for that road

P1

The setback of a building, utility structure or carport from a frontage must be –

(a) consistent with the rural setting and streetscape; and

(b) required by a constraint imposed by –

(i) size and shape of the site;

(ii) orientation and topography of land;

(iii) arrangements for a water supply and for the drainage and disposal of sewage and stormwater;

(iv) arrangements for vehicular or pedestrian access;


(v) any requirement of a conservation or urban design outcome detailed in a provision in this planning scheme;

(vi) a utility; or

(vii) any lawful and binding requirement –

a. by the State or a council or by an entity owned or regulated by the State or a council to acquire or occupy part of the site; or

b. an interest protected at law by an easement or other regulation


The proposed shipping container is proposed to be located 1.5m from the frontage (western boundary) and 2.4m from the northern side boundary.

The proposed residence is to be 3m from the frontage and 12.48m from the northern side boundary, whilst the caravan will be located 1.8m from the frontage, whilst being used as a temporary dwelling.

The proposed container, dwelling and caravan in relation to site boundaries is considered consistent with the rural setting and streetscape of Tippetts Road. Other examples of dwellings that are located within the frontage boundary setbacks in the area are located at at 53 Tippetts Road, 68 Tippetts Road and 19 Tippetts Road. It is considered the location of the proposed new dwelling, container and caravan are not dissimilar to the range of setbacks currently viewed in the Tippetts Road streetscape and the rural setting in this area. Additionally, the reduced setback is ameliorated by the width of the road reserve in front of the properties, providing a buffer of between 7.5m up to 13m from the front boundary to the edge of Tippetts Road. It creates a perception of a larger setback, thus minimising any perceived encroachment caused by the reduced frontage setback.

The proposed dwelling responds to the effect of the sloping topography of the site, siting the extension in accordance with recommendations from the original hazard management report, using the existing on-site AWTS system and maintaining as much distance as possible to the watercourse that dissects the property (approximately 40m). By locating the dwelling alongside the northern elevation of the existing amenities block, built portions will be in a consolidated location which will assist with attenuating the impact on adjacent land. The proposed container is located at the northern portion of the site to remain away from the watercourse and allow for practical access from the dwelling.


A2

All buildings must be contained within a building envelope determined by –

(a) the applicable frontage setback;

(b) a setback of not less than 10.0m from each side boundary;

(c) a setback of not less than 10.0m from the rear boundary;

(d) a setback of not less than 20.0m from any designated building area on each adjacent site; or

(e) any building area shown on a sealed plan; and

(f) building height of not more than 8.5m

P2

Building height and location of a building in relation to site boundaries must –

(a) minimise likelihood for overshadowing of a habitable room in an adjacent dwelling on the site;

(b) take account of the relationship between appearance and design characteristics of the buildings and any buildings on adjacent land;

(c) minimise the apparent scale, bulk, massing and proportion relative to any adjacent building;

(d) be consistent with the rural setting and the streetscape;


(e) respond to the effect of the slope and orientation of the site to attenuate impact on adjacent land


The proposed shipping container is proposed to be located 1.5m from the frontage (western boundary) and 2.4m from the northern side boundary.

The proposed residence is to be 3m from the frontage and 12.48m from the northern side boundary, whilst the caravan will be located 1.8m from the frontage, whilst being used as a temporary dwelling. The application therefore must address the performance criteria due to the frontage setback for all proposed development and the side setback for the container.

The applicant provided a sun shadow study supporting the application. This detailed the shadow cast by the proposed residence on the shortest day of the year being maintained within the title boundary.

The proposed shipping container is also single storey in height reaching a maximum of 2.4m and has a separation of approximately 5m from the proposed dwelling. The short elevation is facing the proposed dwelling, therefore shadow cast from the shipping container is considered to be kept to a minimum and will be predominantly maintained within the title boundary, with morning shadows potentially spilling into the edge of the road reserve. The habitable room of the dwelling has windows on the eastern and western elevations.

The proposed caravan as a temporary dwelling is located to the west of the site and therefore can make use of the existing amenity block while the dwelling is being built. This location will not overshadow a habitable room in an adjacent dwelling on the site.

The size and siting of the proposal responds to the minimal lot size with a watercourse, some existing infrastructure (AWTS), the topography, an easement through the site and the landslip hazard assessment recommendations. The proposal for the one-bedroom dwelling has continued to remain single storey in height and has proposed a gable roof as do neighbouring dwellings in Tippetts Road. The proposal details a small verandah facing the east, away from any neighbouring lots.

The proposed container minimises the apparent scale, bulk, massing and proportion relative to the adjacent property at the north by orientating the container with the shortest elevation facing the shared side boundary. The container is single storey in height measuring a maximum of 2.4m. The bulk and massing of the container is not dissimilar to outbuildings located alongside dwellings found on both Tippetts Road and Seabrook Road. The proposed dwelling is modest in size and will extend to the north of the existing amenity block. The scale, bulk and massing of the dwelling is kept to a minimum as a single storey, one-bedroom dwelling with a gable roof.

The proposed building heights and locations of the container, dwelling and caravan in relation to site boundaries is considered to remain consistent with the rural setting and streetscape of Tippetts Road. Buildings used for residential storage such as outbuildings are located on side boundaries at 28 Tippetts Road, 49 Tippetts Road, 578 Seabrook Road, and 538 Seabrook Road. Examples of dwellings that are located within the frontage boundary setbacks are at 53 Tippetts Road, 68 Tippetts Road and 19 Tippetts Road. It is considered the location of the proposed new dwelling, container and caravan are not dissimilar to the range of setbacks currently viewed in the Tippetts Road streetscape and the rural setting in this area.

The proposed dwelling responds to the effect of the sloping topography of the site, siting the extension in accordance with recommendations from the original hazard management report, using the existing on-site AWTS system and maintaining as much distance as possible to the watercourse that dissects the property (approximately 40m). By locating the dwelling alongside the northern elevation of the existing amenities block, built portions will be in a consolidated location which will assist with attenuating the impact on adjacent land. The proposed container is located at the northern extent of the site to remain away from the watercourse and allow for practical access from the dwelling.



E6.5.2 Use likely to be exposed to a natural hazard

A1

If a use is on land within an area of risk from exposure to a natural hazard as shown on a map forming part of this planning scheme -

(a) use must not be for a critical use, a hazardous use, or a vulnerable use;

(b) use must not be residential use if the level of risk is medium or higher; and

(c) a hazard risk assessment must demonstrate a tolerable level of risk can be achieved and maintained for the nature and duration of the use

P1

If use is on land within an area of risk from exposure to a natural hazard as shown on a map forming part of this planning scheme -

(a) a hazard risk assessment must demonstrate a tolerable level of risk can be achieved and maintained for the nature and duration of the use; and

(b) if a critical use, a hazardous use, or a vulnerable use, a cost-benefit analysis in economic, environmental, and social terms must establish there is a significant benefit to the community and there is no alternate site


The proposed development for a residential dwelling, temporary dwelling in the form of a caravan and associated work, is all located on an area mapped as medium risk landslip hazard band and therefore the proposal must address the performance criteria.

A hazard risk assessment was provided with the application stating that a tolerable level of risk can be achieved and maintained for the nature and duration of the use. This particular hazard risk assessment was dated and initially based on a slightly different arrangement on-site, however the consultant provided a further supporting statement confirming the proposed application does not change the comments or recommendations of the report and confirms it remains accurate.

The proposal is not a critical use, hazardous use or a vulnerable use and therefore there is no requirement for a cost benefit analysis to be undertaken.

The proposal is considered to comply with the performance criteria.

STATUTORY IMPLICATIONS

Land Use Planning and Approvals Act 1993

The Council is established as a Planning Authority by definition under Section 3(1) of the Land Use Planning and Approvals Act 1993 (the Act) and must enforce the Waratah- Wynyard Interim Planning Scheme 2013 (the Planning Scheme) under S.48 of the Act.

In accordance with section 57 of this Act and Council’s Planning Scheme, this proposal is an application for a discretionary permit. Council may approve or refuse discretionary permit applications after considering both Council’s Planning Scheme and the public representations received.

STRATEGIC IMPLICATIONS

There are no significant strategic implications identified as part of this report.Policy Implications

POLICY IMPLICATIONS

There are no policy implications as a result of this report.


FINANCIAL IMPLICATIONS

There are no financial implications as a result of this report.

RISK IMPLICATIONS

There is limited risk for the Council acting as Planning Authority, provided that decisions made are in accordance with the Planning Scheme.

Should the Planning Authority wish to make a decision against the professional advice provided, the reasons will need to be detailed.

LUPAA provides for penalties against a Planning Authority that fails to enforce its planning scheme (ss. 63a and 64). Going against advice provided in the planning report, without seeking alternate qualified advice, may create unnecessary risk for the Council in exercising its statutory functions as a Planning Authority.

Should a decision by the Planning Authority be contrary to professional advice provided and the matter is taken to the appeal tribunal, Council would need to obtain separate professional advice to represent Council through the appeal process.

COMMENT

This report is presented for Council’s consideration, together with the recommendations contained at the beginning of this report.

It is considered that the proposed dwelling, caravan as a temporary dwelling, shipping container and water tank as a staged development comply with either the acceptable solution or satisfy the performance criteria for all applicable standards of the Planning Scheme. The proposal makes appropriate use of a minimal lot size, with mapped medium landslip hazard, sloping topography, a watercourse, power easement and existing on-site AWTS system. The proposal demonstrates there is sufficient area on-site to service the modest scale dwelling and proposed container. Overshadowing will not be a concern of neighbouring lots and bulk, size and proportions of the proposal will not impact adjoining properties.

The application is considered to comply with the Rural Living Zone provisions, the Hazard Management Code provisions and all other provisions for the Waratah-Wynyard Interim Planning Scheme 2013. It is therefore recommended that Council approve a planning permit for the proposed dwelling, container and caravan as a temporary dwelling.


7.4 SUBDIVISION (CONSOLIDATE 5 TITLES INTO 1)

To: Council Reporting Officer: Town Planner Responsible Officer: Manager Development and Regulatory Services Report Date: 1 February 2021 File Reference: 6997913,6997833

Supporting Documents: 1. Proposal Documentation 2. Representation 3. TasWater Info Request 4. TasWater Info Response 5. TasWater Conditions 6. Signed Extension of Time

RECOMMENDATION

That Council, in accordance with Section 51 and Section 57 of the Land Use Planning and Approvals Act 1993 and the Waratah-Wynyard Interim Planning Scheme 2013, approve and a Subdivision (Consolidate 5 titles into 1) at 11 Little Quiggin Street, Waratah subject to the following conditions: -

(1) The development is to be generally in accordance with the application as submitted

and endorsed documents as listed:

a) Proposal Plan with Job Number 46124-1 as prepared by PDA Surveyors and

dated 5 November 2020.

(2) All costs associated with the proposed development including those related to

infrastructure extensions or upgrades to Council assets are to be met by the developer.

(3) In the course of undertaking the development/use there is to be no damage caused to

any Council owned infrastructure or property.

(4) Loading and unloading of vehicles is to be confined to within the boundaries of the

property.

(5) Stormwater from the consolidated title is to be connected and discharged into Council

stormwater drainage network.

(6) The development is to be in accordance with the Bushfire Hazard Management Report,

as prepared by Bruce Harpley of Environmental Service and Design Pty Lt